Housing (Scotland) Act 1987

The Housing (Scotland) Act 1950.

TABLE OF DERIVATIONS

Payment of improvement grant.

Duty of local authorities to make improvement grants where an application relates exclusively to the provision of standard amenities or to disabled occupant; and amount thereof.

Grants for fire escapes for houses in multiple occupation.

Application of this Part to houses situated in a housing action area and power of local authority to give repairs grants in such areas and amount thereof.

The Housing (Scotland) Act 1950.

TABLE OF DERIVATIONS

TABLE OF DERIVATIONS

Power of the Scottish Ministers to modify application of sections 31 and 32

63A

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Conditions to be observed with respect to houses in respect of which an improvement grant has been made, and registration thereof.

Grants for fire escapes for houses in multiple occupation.

Encouragement of works to improve energy efficiency and safety

The Housing (Scotland) Act 1962, Part I.

TABLE OF DERIVATIONS

The Housing (Scotland) Act 1950.

TABLE OF DERIVATIONS

61F

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61ZA

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69A

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32B

• (1) Subsection (2) applies where a local authority—

• (a) are subject to the duty under section 31(2) or 32(2) in relation to an applicant; and

• (b) have reason to believe that the applicant may be in need of prescribed housing support services.

• (2) The local authority must assess whether the applicant, and any other person residing with the applicant, needs prescribed housing support services.

• (3) In carrying out such an assessment the local authority must—

• (a) conduct inquiries of such type as may be prescribed; and

• (b) have regard to any prescribed matters.

• (4) Following such an assessment, the local authority must ensure that prescribed housing support services are provided to any person assessed as being in need of them.

• (5) The Scottish Ministers may by regulations made by statutory instrument make further provision about the provision of prescribed housing support services in pursuance of subsection (4) and may, in particular, specify—

• (a) the period for which services are to be provided;

• (b) matters to which a local authority are to have regard when ensuring provision of services.

• (6) Regulations made under this section may make different provision for different purposes and different areas.

• (7) Before making any regulations under this section, the Scottish Ministers must consult—

• (a) such bodies representing local authorities;

• (b) such bodies representing the interests of homeless persons; and

• (c) such other persons,

as they think fit.

• (8) Regulations under this section may be made only if a draft of the statutory instrument containing the regulations has been laid before, and approved by resolution of, the Scottish Parliament.

• (9) In this section, “housing support services” includes any service which provides support, assistance, advice or counselling to an individual with particular needs with a view to enabling that individual to occupy, or to continue to occupy, residential accommodation as the individual's sole or main residence.

20B

• (1) A social landlord may impose a requirement that an application must have remained in force for a minimum period before the applicant is eligible for the allocation of housing falling within section 20(1) if, before making that application, any of the circumstances mentioned—

• (a) in subsection (6) applied in relation to the applicant, or

• (b) in paragraphs (a) to (g) of subsection (6) applied in relation to a person who it is proposed will reside with the applicant.

• (2) But a social landlord may not impose a requirement under subsection (1) if the landlord—

• (a) in relation to the same application has previously relied on the same circumstance as it applied to an applicant or a person who it is proposed will reside with the applicant to impose a requirement under subsection (1), or

• (b) is a local authority and has a duty to the applicant under section 31(2) (duty to secure accommodation where applicant is homeless).

• (3) In considering whether to impose a requirement under subsection (1), a social landlord must have regard to any guidance about this section (including the matters mentioned in subsection (5)) published by the Scottish Ministers.

• (4) Before publishing any guidance mentioned in subsection (3), the Scottish Ministers must consult such persons as they consider appropriate.

• (5) The Scottish Ministers may by regulations prescribe—

• (a) the maximum period preceding the application which a social landlord may consider in relation to any circumstances mentioned in subsection (6),

• (b) the maximum period for an application to have remained in force which a social landlord may impose in relation to any circumstances mentioned in subsection (6), and such regulations may make different provision for different cases.

• (6) The circumstances are—

• (a) the person has—

• (i) acted in an antisocial manner in relation to another person residing in, visiting or otherwise engaged in lawful activity in the locality of a house occupied by the person,

• (ii) pursued a course of conduct amounting to harassment of such other person, or a course of conduct which is otherwise antisocial conduct in relation to such other person, or

• (iii) acted in an antisocial manner, or pursued a course of conduct which is antisocial conduct, in relation to an employee of the social landlord in the course of making the application,

• (b) the person has been, or has resided with a person who has been, convicted of—

• (i) using a house or allowing it to be used for immoral or illegal purposes, or

• (ii) an offence punishable by imprisonment which was committed in, or in the locality of, a house occupied by the person,

• (c) an order for recovery of possession has been made against the person in proceedings under—

• (i) the Housing (Northern Ireland) Order 1983 (S.I. 1983/1118),

• (ii) the Housing Act 1985 (c.68),

• (iii) this Act,

• (iv) the Housing (Scotland) Act 1988 (c.43),

• (v) the Housing (Scotland) Act 2001 (asp 10),

• (ca) an eviction order within the meaning of the Private Housing (Tenancies) (Scotland) Act 2016 has been issued against the person,

• (d) the person's tenancy has been terminated by the landlord under section 18(2) of the Housing (Scotland) Act 2001 (repossession where abandoned tenancy),

• (e) the person's interest in a tenancy has been terminated by the landlord under section 20(3) of the Housing (Scotland) Act 2001 (abandonment by joint tenant),

• (f) in relation to a house where the person was a tenant, a court has ordered recovery of possession on the ground set out in paragraph 3 or 4 of schedule 2 to the Housing (Scotland) Act 2001,

• (g) there is or was any outstanding liability (for payment of rent or otherwise) in relation to a house which—

• (i) is attributable to the person's tenancy of the house, and

• (ii) either—

• (A) section 20(2A) would not be satisfied in respect of that debt, or

• (B) in the case of a debt which is no longer outstanding, section 20(2A) would not have been satisfied at any time while that debt remained outstanding,

• (h) the person knowingly or recklessly made a false statement in any application for housing held by a social landlord,

• (i) the person has refused one or more offers of housing falling within section 20(1) and the landlord considers the refusal of that number of offers to be unreasonable.

• (7) In subsection (6)—

• “antisocial”, in relation to an action or course of conduct, means causing or likely to cause alarm, distress, nuisance or annoyance,

• “conduct” includes speech, and a course of conduct must involve conduct on at least two occasions, and

• “harassment” is to be construed in accordance with section 8 of the Protection from Harassment Act 1997 (c.40).

• (8) The Scottish Ministers may by regulations modify subsections (6) and (7).

• (9) After the social landlord imposes a requirement under subsection (1) (whether or not previously varied under this subsection), it may—

• (a) withdraw the requirement, or

• (b) vary the requirement in order to shorten the period imposed for the application to have remained in force.

• (10) An applicant may by summary application appeal to the sheriff against any decision of a social landlord under subsection (1).

• (11) Regulations under subsection (5) and under subsection (8) are subject to the affirmative procedure.

2A

The local authority must—

• (a) determine—

• (i) the term of the charging order, being no fewer than 5 years and no more than 30 years, and

• (ii) the date in each year on which the annuity is payable, and

• (b) notify the owner of its determination under paragraph (a).

2B

Section 187 of the Housing (Scotland) Act 2006 (asp 1) applies to a notification under paragraph 2A(b) as if the notification were a formal communication referred to in section 187(1) of that Act.

3A

A charging order must provide—

• (a) that the annuity is payable for the term and on the date in each year determined under paragraph 2A(a),

• (b) that in default of payment of an annuity, the annuity is to be separately recoverable as a debt, and

• (c) that if immediately after the final annuity falls due any balance of the expenses charged by the order remains unpaid, that balance is immediately due for repayment and is recoverable as a debt.

3B

• (1) A person aggrieved by a determination under paragraph 2A(a)(i), may appeal to the sheriff.

• (2) On an appeal under this paragraph the sheriff may make such order relating to the term of the charging order as the sheriff thinks fit.

• (3) The decision of the sheriff on appeal under this paragraph is final.

5A

The owner of the premises on which an annuity has been charged by a charging order does not, by virtue only of ceasing to be such an owner, cease to be liable for each annuity charged.

20A

• (1) Before making or altering its rules governing the priority of allocation of houses, a social landlord must—

• (a) consult the persons mentioned in subsection (2), and

• (b) prepare and publish a report on the consultation.

• (2) The persons are—

• (a) applicants on its housing list (within the meaning of section 19),

• (b) tenants of the landlord,

• (c) bodies for the time being registered in the register of tenant organisations maintained by the landlord under section 53(3) of the Housing (Scotland) Act 2001 (asp 10), and

• (d) such other persons as the landlord thinks fit.

• (3) A social landlord may publish a consultation report mentioned in subsection (1)(b) in such manner as it thinks fit (and may in particular publish a joint report with any other social landlord).

33A

• (1) The Scottish Ministers may by order made by statutory instrument provide that, for so long as the order is in force, the power of a local authority under subsection (1) of section 33 to notify another local authority of the matters referred to in that subsection—

• (a) shall not be exercisable by such local authorities or such descriptions of local authority as are specified in the order, or shall be exercisable by such local authorities or descriptions of local authority as are specified in the order only in such circumstances, or with such modifications, as are specified in the order;

• (b) shall not be exercisable in relation to such local authorities or such descriptions of local authority as are specified in the order, or shall be exercisable in relation to such local authorities or descriptions of local authority as are specified in the order only in such circumstances, or with such modifications, as are specified in the order.

• (2) An order under this section may—

• (a) provide for this Part to apply with such modifications, and

• (b) make such transitional, transitory or saving provision,

as the Scottish Ministers think necessary or expedient in consequence of the order.

• (3) A statutory instrument containing an order under this section is, if made without a draft having been laid before, and approved by a resolution of, the Scottish Parliament, subject to annulment in pursuance of a resolution of the Scottish Parliament.

33B

• (1) The Scottish Ministers must, before the expiry of the period of 18 months beginning with the coming into force of this section, prepare and publish a statement setting out the circumstances in which, and the general criteria by reference to which, the power under section 33A is to be exercised.

• (1A) The Scottish Ministers may by regulations modify subsection (1) so as to extend the period mentioned in subsection (1).

• (1B) But the power may not be exercised to extend the period—

• (a) by more than 6 months, or

• (b) more than once.

• (2) The Scottish Ministers—

• (a) must keep the statement under review;

• (b) may from time to time modify the statement; and

• (c) must publish any modified statement.

• (3) Before preparing or modifying the statement, the Scottish Ministers must consult—

• (a) such associations representing local authorities; and

• (b) such other persons,

as they think fit.

• (4) Regulations under subsection (1A) are subject to the affirmative procedure.